An E-2 investor visa is a non-immigrant visa that allows foreign investors to freely conduct business in the United States. Your investment may be for the purpose of establishing a new business venture or purchasing a pre-existing business. Because of the importance of the investment, many applicants are concerned with the E-2 visa processing time.
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What Are the Processing Times For an E-2 Visa?
- From inside the United States, Form I-129 takes approximately 17.5 months, according to USCIS data. This processing time is based on the median time of 80% of cases over the past six months. For those in the United States, a decision on your case can be expedited to 15 business days using premium processing, which is outlined below.
- From outside the United States, the process depends on the availability of an interview at your local consulate/embassy. This can range from two weeks to several months.
Is Premium Processing Available for the E-2 Visa?
Premium processing is available to those applying for an E-2 visa from within the United States. Electing for premium processing will cost an additional fee of $2,965 and will expedite your E-2 visa processing time to 15 business days.
How To Check Your E-2 Visa Status?
Once you have submitted your application, your E-2 visa processing time begins. While it is important that you keep track of the status, there is nothing you can do to speed up the process aside from premium processing. With hundreds of applications being submitted every day, each possible E-2 visa holder should be patient.
You can stay on top of your application by using the USCIS’s online status check form. To track its progress, just enter your receipt number, and it will pull up up-to-date information on your application. The receipt number is a unique 13-character identifier that the USCIS provides for each application it receives.
How Long Does It Take To Go From an E-2 Visa to a Green Card?
Many people who get the E-2 visa hope to eventually immigrate permanently to the U.S. through a green card. While the E-2 visa is not a direct path to a green card, many options might be available to you based on your circumstances.
Family/Marriage Green Card
Firstly, you can get a green card through a family member who is a U.S. citizen or green card holder. This process typically takes 4-12 months for spouses of U.S. citizens.
Employer
You can also choose to have an employer file on your behalf. The green cards in these categories have a shorter waiting time than family-based green cards, but there are several steps that the Department of Labor requires in the interest of protecting U.S. jobs—namely, the PERM Labor Certification. However, if you are an E-2 visa holder, then it is unlikely that you have a sponsoring U.S. employer to file for you.
Therefore, here are the common green cards that are ideal for the shortest E-2 visa processing time:
EB-5: Perhaps the most germane green card to your E-2 visa. The EB-5 is designed for foreign investors to immigrate to the U.S. However, unlike the E-2, the investment amount required for the EB-5 is set by the USCIS. You must invest $1,050,000 into a U.S. enterprise or $800,000 into a U.S. enterprise that is in a rural area or an area with high unemployment. The process takes ~10 months to two years, depending on whether you have a standalone investment or invest in a regional center.
EB-2: Under normal circumstances, the EB-2 requires a PERM Labor Certification and a job offer. However, by applying for the National Interest Waiver (NIW), you can bypass those requirements to self-petition, which may be more in line with your E-2 situation.
To qualify, you will need to show extensively that your work in the U.S. will benefit the country on several different levels and that you are qualified to advance the work.
EB-1A: This is the last employment-based visa that allows you to self-petition. The EB-1A is for those who can demonstrate that they have extraordinary achievements, such as international prizes, recognition by their peers in journals or papers, or a large salary, just to name a few of the criteria.
In any case, once you have decided on a green card, you (or your employer) must gather the documentation you need as evidence for your visa and submit it along with the appropriate petition and the correct fees.
The date that the USCIS receives your green card petition will be known as your priority date. Keep this date in mind as you move forward. You will need to keep a close eye on the monthly visa bulletin provided by the Department of State, which provides the “final action dates” according to your green card preference level and country of origin. Because there is a limited number of green cards available per country each year, these final action dates will move forward if the category is undersubscribed and can even move backward if the category is oversubscribed in a process known as retrogression.
If your category has a “C” in it, then your priority date will automatically be current and you will be able to move forward as soon as your petition is approved.
Once the final action date in your category reaches or passes your priority date, a visa number will become available and you will be able to take the final step in your E-2 visa to green card journey.
This final step can be one of two options:
Adjustment of Status – this is the simplest option and is only available to those who are already in the U.S. under a nonimmigrant status. Because you already have an E-2, all you would need to do to adjust your status is file an I-485 form and wait for the six to twelve-month processing time. If approved, your status will change immediately and your green card will be mailed to you.
Consular Processing – You may opt instead to go through consular processing. This involves making an appointment with the U.S. Consulate or Embassy in your home country. There, you will participate in a one-on-one interview with a consular officer who will ask you questions to determine if your case is legitimate. While this may seem less convenient, it may be the cheaper option and also the faster alternative when it comes to your processing time.
Can The E-2 to Green Card Processing Time Be Shortened?
There are a few ways to make your processing time go faster than it normally would. One way is through premium processing, which is available for many employment-based green cards. However, it is not an option for marriage-based green cards.
Because waiting for your priority date to become current is often the longest portion of the E-2 to green card processing time, another option may be to “port” your green card status. This entails filing a new petition for a higher preference level while you already have a petition for a lower preference level pending with the USCIS. It means that you will have to start the process all over again (including getting a new PERM if that is required). However, you can retain your original priority date to shorten your processing time.
“Porting” a green card is a delicate and complicated process that is often met with rejection without the help of a highly experienced attorney.